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(영문) 대구지방법원상주지원 2016.11.30 2014가단4391

채무부존재확인

Text

1. The Plaintiff’s Defendants based on an insurance contract entered into between the Plaintiff and the deceased C on February 21, 2006.

Reasons

1. Basic facts

A. The conclusion of the insurance contract and its content 1) The network C (hereinafter “the network”).

(2) On February 21, 2006, the Plaintiff and its heir as the insured on February 21, 2006, and the Samsung C&T new insurance contract whose beneficiary is the deceased and the heir as the beneficiary (hereinafter “main contract”).

(i) and 2 special agreements for death of a disaster (hereinafter referred to as “special agreements”);

(2) The details of the sales contract are as shown in the attached Form.

(2) Article 15 of the terms and conditions of a prime contract are as follows.

Article 15 (Plaintiff) If a person insured dies during the insurance period, the company shall pay the person who receives the insurance proceeds with the agreed death insurance proceeds.

3) Article 10 of the Terms and Conditions of the Special Agreement and Article 12 of the Disaster Classification Table and Article 12 are as follows. Article 10 of the Company shall pay 100% of the amount of the insurance coverage under the Special Agreement to the beneficiary of the insurance (the beneficiary of the special agreement) if the beneficiary of the insurance dies due to a disaster specified in the Disaster Classification Table during the insurance coverage period of this Special Agreement.

Disaster Classification Table

1. Any of the following disasters subject to coverage shall be paid insurance proceeds in accordance with the terms and conditions of this insurance:

(1) Any contingent outpatient accident.

2. Where an accident for which insurance proceeds are not paid falls under any of the following subparagraphs, insurance proceeds shall not be paid after being excluded from the Disaster Classification:

(2) In any of the following cases, a company shall not prevent insurance proceeds when any cause for the payment of insurance proceeds occurs:

1. Where an insured person intentionally damages himself/herself: Provided, That this shall not apply where it is proved that he/she has impaired himself/herself in a state that he/she is unable to make a free decision due to mental illness, etc. and that he/she commits suicide after two years from the date the special agreement begins;

B. The deceased’s death and the Defendants’ death benefit shall be received on October 17, 2010.